A number of recommendations flowed from this meeting, not least from Frank La Rue, the UN Special Rapporteur on the right to freedom of opinion and expression. He urged Thailand to hold broad-based public consultations to amend section 112 of the penal code (Thailand’s infamous and draconian lese majeste law that imprisons people for up to 15 years for “defaming the monarchy”) and the 2007 Computer Crimes Act so that the country is in conformity with its international human rights obligations.

Unfortunately (but unsurprisingly) Thailand’s key military ally and longstanding partner, the USA, chose to remain almost completely silent on the issue of lese majeste, despite the present incarceration of one of their nationals, Joe Gordon, in Thailand under 112.

One of the attending organisations in Geneva was UK-based freedom of expression advocate ARTICLE 19. Amy Sim is its Senior Programme Officer for Asia and I had a chance to catch up with her just after the review had ended and ask her a few questions about Thailand.

Q. If, as is claimed, the present incarnation of Thailand’s lese majeste (LM) law is in breach of international legal requirements regarding freedom of expression what action would you like to see the international community take in regards to Thailand’s continued use of this law?

ARTICLE 19 would like to see the United Nations Office of the High Commissioner of Human Rights and countries with close links to Thailand to raise serious concerns with the Thai government on the misuse of the Lese Majeste law and the 2007 Computer Crime Act (CCA) which has been used as a default lese majeste legislation. The Thai government must open up dialogue with local civil society actors on the provisions of the lese majeste law and CCA and their use, and the government must amend these laws in accordance with Thailand’s obligations under its Constitution and the International Covenant of Civil and Political Rights.

Q. The US Embassy in Bangkok has been considered by many as being very ineffective in protecting the rights of its own citizens – in this instance particularly that of the presently incarcerated US citizen Joe Gordon – in regards to the application of the lese majeste law with a recent WikiLeaks Thai cable revealing the US Embassy to believe that “quiet diplomacy” was more effective than vocal protest. There have also been strong rumours that the US Embassy has advised Joe Gordon to plead guilty in order to secure his release – what action should foreign governments take to protect their own citizens from the long reach of LM? (Thailand claims universal jurisdiction of LM and Joe was arrested because he supposedly posted a link to LM material while he was resident in the USA).

We cannot comment on the rumours surrounding the Joe Gordon case. Naturally, his case is a cause for concern and indicative of the far reaching implications of the LM law. Each government makes its own assessment and judgement pending the situation of the cases and its diplomatic relationship with the Thai government.

Q. Most of the recent arrests, prosecutions and harassment via the application of lese majeste, all of which was ramped up massively under the previous Thai Democrat Party government, seemed to have a political tone to it – would you agree that the predominant use of LM has been that of blunt tool to stifle dissent against particular ruling groups?

Yes, given that lese majeste charges were mainly brought on red shirts-affiliated individuals and critics of the government – it is obvious that the broadness of the law is being used as a tool to target political opponents and critical voices. It is almost as if the Thai people’s love for their king has been hijacked by politicians to achieve their own political agenda, in which critical dissent is not tolerated.

Q. What message would you give to the recently elected Pheu Thai government of PM Yingluck Shinawatra?

ARTICLE 19 hopes the new Prime Minister will address the country’s deteriorating freedom of expression situation by amending the lese majeste law and Computer Crime Act. We also call for the release of individuals convicted for exercising their legitimate right to freedom of expression and urge the respective authorities to drop charges on individuals for remarks made that are deemed lese majeste . We also hope that the Prime Minister will reverse the policy announced by the Deputy Prime Minister to crack down on LM on the internet and to establish a task team to monitor internet content, which will create a chilling effect on freedom of expression in Thailand.

We are glad to hear from the Thai delegation during the UPR session at the United Nations last week, that the Thai government recognises the implications of the LM law and is keen to prevent abuse. We understand that a review of LM is ongoing. We hope the outcome of the review will be made public and the government will take concrete steps to implement its recommendations with close consultation with civil society organisations.

Q. How could LM be reformed so that Thailand’s monarchy can remain protected and the law is not used as an attack on civil liberties?

International standards of freedom of expression require public figures to tolerate a higher degree of criticism than ordinary citizens and be open to public scrutiny. By providing special protection to the royalty, the LM law is in violation with this requirement. ARTICLE 19 is for the repeal of the LM law for these reasons. We hope the Thai government will encourage open dialogues on LM and provide a clear timeline for the reform of the LM law and CCA to minimise abuse of these laws and their impacts on the right to freedom of expression and the right to information.

Q. More recently the head of the Thai Army, General Prayuth, said that LM in its present format shouldn’t be “touched”. The USA have an extraordinarily close military relationship with the Thai Army – should US citizens and law makers committed to freedom of speech be questioning the terms of this relationship when such statements are being made?

Given USA’s strong constitutional guarantee for freedom of expression, we would of course hope to see the US speaking out on Thailand’s suppression of speech using LM law.

Q. Both HRW and AI, despite maintaining offices and staff in Bangkok, have refused to mount any meaningful campaign against LM – do you think it is time for a stronger and coordinated international campaign to be mounted?

There is already a concerted effort among a number of national, regional and international organisations on campaigning against LM. The recent advocacy activities and trial observation around the case of Chiranuch is an example. Besides international groups, Thai NGOs have done a great job campaigning against LM and garnering support from foreign governments and international organisations, which is starting to pay off as evident from the responses from the Thai delegation during Thailand UPR.

Q. The international media have a strong presence in Bangkok yet few journalists mention the restrictions placed on them by LM when filing reports. Arguably, the Thai authorities have maintained one of the most potent self-censorship campaigns anywhere on earth – do you think these journalists are serving the wider public by failing to mention both the restrictions and the self-censorship they operate under?

Self-censorship among journalists is a serious problem, and this is not limited to Thai journalists but also international correspondents reporting on Thailand. I have however also seen many pieces of good journalism from both Thai and foreign media discussing the issue of LM and freedom of expression. Journalists have the responsibilities to report accurately and provide information of public interest to its readers, without being subjected to any form of censorship.

Release Joop and Tai!

"I am aware and concerned that Joop and Tai have been arrested." Singtor

"I am aware and concerned that Joop and Tai have been arrested." Sunee

"I am aware and concerned that Joop and Tai have been arrested." Fabian, Zimbabwe

"I am aware and concerned that Joop and Tai have been arrested: please help Thailand" Ramirez

"I am aware and concerned that Joop and Tai have been arrested" Apolinaire, Geneva

"Dear Joop and Tai. I am watching the situation in Thailand closely and am very concerned for your safety. I know you are strong, and hope you you will be brave and strong during this period. I will write a letter to the Thai Embassy here in Wellington sharing my concern. Stay strong." Edward, Wellington

"I am aware and concerned that Joop and Tai have been arrested." Pradit

"I am aware and concerned that Joop and Tai have been arrested." Kijin

"I am aware and concerned that Joop and Tai have been arrested." Chotipanyo

"I am aware and concerned that Joop and Tai have been arrested." Kitahata, Japan

"I hope they will be released very soon, as well as Somyot." Pierre-Marc

"free somyot and his family!" Alan

"Please release them immediately." Robert, New Zealand

"I am aware and concerned that Joop and Tai have been arrested." David, New Zealand

"You must treat them humanely and with respect and release them!" Lulu, London

"Hi beautiful Joop and Tai, All around earth we love you a lot, like Somyot. You're good, really good and so right. The best for you all. You shine in the light with wonderful blue sky and sun." Alina, Chris, Max, France

"What is the charge against them? There is no charge! Or the 'charge' is the same as the charge against all Thais ... opposing the treasonous coup d'etat of Prayuth & Co. To be a dictator you need a nation of stenographers ... and that ain't Thailand, as has become increasingly apparent since the destruction of yet another popularly elected government and the destruction of its own constitution by Royal Thai Army Coup d'Etat Number 19. Free Tai! Free Joop! Free Somyot! Free all political prisoners! Free Thailand from the hands of the Royal Thai Army!" John, UK
"Dear Joop and Tai, my thoughts are with you at this very troubling time. I have heard of your arrests and this concerns me greatly as, I know, it concerns many people internationally and organizations including Amnesty International. I can only hope that you are being treated humanely and will be released soon." Charlotte, LA

"You are wrong to arrest these people. They should be released immediately. Meanwhile, I expect to see clear evidence that Somyot, Joop and Tai's human rights are being respected." Rosemary, Peru

"I am aware and concerned that Joop and Tai have been arrested. : I am shocked and appalled to see innocent people being treated like this. Abducting the family members of peaceful activists is behaviour associated with the most evil regimes that have existed. This is how the Nazis behaved, this is how Pol Pot behaved, this how Gaddafi behaved. This is how the Junta in Myanmar/Burma behaves. Is Thailand really going to become another Burma? I really hope the Thai military stops behaving in the this disgusting and illegal way, and returns to path of democracy and respect for human rights very soon. I extend my sincerest best wishes to Somyot’s family and hope they are released very soon and unharmed." Paul, UK

"Release Joop and Tai. Release all those who are imprisoned. Release Somyot and all political prisoners" Lee, Thailand

"I am aware and concerned that Joop and Tai have been arrested." Jaap, Netherlands